[Federal Register Volume 59, Number 49 (Monday, March 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5787]
[[Page Unknown]]
[Federal Register: March 14, 1994]
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Part II
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 20
Migratory Bird Harvest Information Program; Proposed Rule
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AC37
Migratory Bird Harvest Information Program
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The Fish and Wildlife Service (Service) herein proposes to
amend the Migratory Bird Harvest Information Program (Program)
regulations. The Service plans to add Texas and Maryland (beginning
with the 1994-95 hunting season) to the list of participating States,
and to implement some additional modifications to the Program. This
regulatory action will require that licensed hunters in all
participating States have evidence of current participation in the
Program on their person while hunting migratory game birds. The quality
and extent of information about harvests of migratory game birds must
be improved in order to better manage these populations. Hunters' names
and addresses are necessary to provide a sampling frame for a voluntary
hunter survey to improve harvest estimates for all migratory game
birds.
DATE: The comment period for the proposed rule will end on May 13,
1994.
ADDRESSES: Written comments should be sent to the Chief, Office of
Migratory Bird Management, U.S. Fish and Wildlife Service, 10815
Loblolly Pine Drive, Laurel, Maryland 20708-4028. Comments received
will be available for public inspection during normal business hours in
Building 158, 10815 Loblolly Pine Drive (Gate 4, Patuxent Wildlife
Research Center), Laurel, Maryland 20708-4028.
FOR FURTHER INFORMATION CONTACT: Robert L. Jessen, Migratory Bird
Harvest Information Program Coordinator, Office of Migratory Bird
Management, U.S. Fish and Wildlife Service, 10815 Loblolly Pine Drive,
Laurel, Maryland 20708-4028, (301) 497-4986, FAX (301) 497-5981.
SUPPLEMENTARY INFORMATION: The purpose of this rule is to expand the
Harvest Information Program (Program) to include the States of Texas
and Maryland beginning in the 1994-95 hunting season, and to make minor
modifications to the Program. One such modification is proposed to
limit the requirement for participation to only State-licensed
migratory bird hunters. Another modification would require compliance
with the Program in each State in which an individual hunts migratory
game birds.
Background
A notice of intent to establish the Program was published in the
Federal Register on June 24, 1991. The proposed rule was published in
the Federal Register on June 10, 1992. State wildlife agencies
expressed a number of concerns in response to the proposed rule. The
majority of comments were positive and constructive in nature. However,
many States were severely disappointed that the sole remaining option
placed the major cost burden on the State wildlife agency. The
identification of licensed migratory bird hunters and the collection of
names, addresses and other information from them would be the State's
responsibility and represents the major portion of the cost burden;
while conduct of the harvest survey would be a Federal responsibility.
Many States would have preferred the opportunity of using a
separate Federal permit card. A State/Federal technical working group
is continuing to develop procedures that would improve harvest
estimates without placing unnecessary burdens on State agencies,
license vendors or the hunters. Alternative survey designs continue to
be investigated. Specifically, alternative survey methods for special
groups of unlicensed hunters (e.g., junior and senior hunters) are
being investigated to determine if any resulting biases in the
estimates would compromise the quality of the survey and if other
procedures could be developed that would conform to accepted
statistical standards.
The final rule was published in the Federal Register on March 19,
1993. The effect of that final rule was to establish the Program and
implement the pilot phase in three States.
Implementation of Pilot Phase
State wildlife agencies and the Service began implementing and
studying the Program in 1992 with a 2-year pilot phase in three
volunteer States (California, Missouri, and South Dakota). These States
are providing the names and addresses of migratory bird hunters and
other necessary information, from which the Service is conducting a
national Migratory Bird Harvest Survey.
The pilot phase of the Program is being preliminarily evaluated to
determine the adequacy and timeliness of the sample and the time
burden, cost, and other impacts on hunters, State license agents, State
wildlife agencies, and the Service. The approaches used in different
States are being compared for costs, efficiency, convenience and survey
performance.
The Service previously stated that after evaluation in 1994 of this
pilot phase and consideration of any proposed changes, other States
will be phased into the Program until all States will participate in
1998. The suggested schedule was published in the June 10, 1992,
proposed rule. Consistent with that schedule, Texas will participate in
the Program beginning in 1994. Maryland has requested to participate in
the Program earlier than scheduled. Revision of the implementation
schedule is being proposed in this rulemaking document.
Description of Program (1992-1994)
Currently, all migratory game bird hunters in participating States
are required to have a Program validation indicating that they have
provided their names and addresses to the State wildlife agency.
Validations are printed on their annual State hunting license or
supplementary permit. The State may charge hunters a small handling fee
to compensate agents and to cover the State's administrative costs
associated with conducting this Program. Individual migratory bird
hunters are not required to obtain evidence of Program participation in
more than one State per year.
The names, current addresses, and necessary information for an
adequate sample of migratory bird hunters are needed in time for
hunting-record forms to be distributed to selected hunters before they
forget the details of their hunts. Because of this fundamental need,
States have only a short time to obtain hunter names and addresses from
license vendors and to provide those names and addresses to the
Service.
Proposed Modifications to the Program
In addition to implementation of the Program in Texas and Maryland,
the Service is proposing several other modifications to the Program.
One such modification would require persons who hunt migratory game
birds in more than one State to identify themselves as migratory game
bird hunters and provide their names, addresses, and dates of birth to
each State in which they hunt migratory game birds. Currently,
individual hunters are not required to participate in more than one
State per year; however, hunters must still adhere to the licensing
requirements of all individual States in which they hunt.
Another modification being proposed is to exempt hunters from a
permit requirement if they are also exempt from State-licensing
requirements. This would include several categories of hunters such as
junior hunters, senior hunters, landowners, and other special
categories. These exemptions vary on a State-by-State basis.
Excluding those hunters who are not required to obtain an annual
State hunting license from the Program also excludes their harvest from
the estimates. The importance of their harvest depends on how many
hunters are excluded and on the number of birds they bag. Excluding
these hunters may result in serious bias. Therefore, the Service is
currently evaluating the effects of excluding these hunters and would
appreciate any information that may be available. Minimum survey
standards are also being developed for exempt categories. One
suggestion is to allow a class of hunters to be excluded from
participating in the Program if 1) it is periodically demonstrated that
only minimal bias in the estimates results from their exclusion or 2) a
statistically sound alternate sampling procedure is implemented. States
entering the program will individually address the effects of exempting
unlicensed hunters through a cooperative agreement with the Service.
NEPA Consideration
The establishment of this Harvest Information Program and options
have been considered in the ``Environmental Assessment: Migratory Bird
Harvest Information Program.'' Copies of this document are available
from the Service at the address indicated under the caption FOR FURTHER
INFORMATION CONTACT.
Regulatory Flexibility Act and the Paperwork Reduction Act
On June 14, 1991, the Assistant Secretary for Fish and Wildlife and
Parks concluded that the rule would not have a significant effect on a
substantial number of small entities under the Regulatory Flexibility
Act 5 USC 601 et seq. This rule will eventually affect about 3-5
million migratory game bird hunters when it is fully implemented. It
will require licensed migratory game bird hunters to identify
themselves and to supply their names, addresses, and birth dates.
Additional information will be requested in order that they can be
efficiently sampled for a voluntary national harvest survey. Hunters
will be required to have evidence of current participation in the
Program on their person while hunting migratory game birds.
The States may require a small handling fee to compensate their
hunting-license vendors and to cover their administrative costs. Many
of the State hunting-license vendors are small entities, but this rule
should not economically impact those vendors. Only migratory game bird
hunters, individuals, would be required to provide this information, so
this rule should not adversely affect small entities.
The collection of information contained in this rule has been
approved by the Office of Management and Budget under 44 U.S.C. 3501 et
seq. and assigned clearance number 1018-0015. The information is
required from licensed hunters to obtain the benefit of hunting
migratory game birds.
The public reporting burden for this collection of information is
estimated to average 0.015 hours per response, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Comments regarding the burden estimate or
any other aspect of these reporting requirements should be directed to
the Service Information Collection Clearance Officer, ms 224--ARLSQ,
U.S. Fish and Wildlife Service, 1849 C Street, NW., Washington, DC
20240, or the Office of Management and Budget, Paperwork Reduction
Project 1018-0015, Washington, DC 20503.
Executive Order 12866
This rule was not subject to Office of Management and Budget review
under Executive Order 12866.
Executive Order 12612--Federalism
The regulations do not have significant federalism effects as
provided in Executive Order 12612. Due to the migratory nature of
certain species of birds, the Federal Government has been given
responsibility over these species by the Migratory Bird Treaty Act.
State harvest surveys presently cannot provide adequate national
estimates of migratory game bird harvests for the following reasons:
Some States do not now conduct annual harvest surveys or maintain
accessible lists of hunter names and addresses. Comparable information
is not available from all States because States have different
licensing laws regulating who must buy a hunting license and different
survey procedures. Currently, many State license lists are not
available in time to permit distribution of hunter records early in the
hunting season. Budget constraints often prevent States from conducting
harvest surveys during certain years or could cause some States to
eliminate them completely.
These rules do not have a substantial direct effect on fiscal
capacity, change the roles or responsibilities of Federal or State
Governments, or intrude on State policy or administration. Therefore,
these regulations do not have significant federalism effects and do not
have sufficient federalism implications to warrant the preparation of a
Federalism Assessment. In fact, the Service would cooperate with States
in providing special surveys to meet mutual management needs, and
increased cooperation between Federal and State agencies would reduce
duplication of survey efforts.
Executive Order 12360--Taking of Individual Property Rights
Executive Order 12360 discussed guidelines for the taking of
individual property rights. These rules, authorized by the Migratory
Bird Treaty Act, do not affect any constitutionally-protected property
rights. These rules would not result in the physical occupancy of
property, the physical invasion of property, or the regulatory taking
of any property.
Authorship
The primary authors of this rule are Robert L. Jessen and William
O. Vogel, Office of Migratory Bird Management.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
For the reasons set out in the preamble, 50 CFR part 20 is proposed
to be amended as set forth below.
PART 20--MIGRATORY BIRD HUNTING
1. The authority citation for part 20 continues to read as follows:
Authority: The Migratory Bird Treaty Act (July 3, 1918), as
amended, (16 U.S.C. 703-711); the Fish and Wildlife Improvement Act
of 1978 (November 8, 1978), as amended, (16 U.S.C. 712); and the
Fish and Wildlife Act of 1956 (August 8, 1956), as amended, (16
U.S.C. 742 a-d and e-j).
2. Section 20.20 is revised to read as follows:
Sec. 20.20 Migratory Bird Harvest Information Program.
(a) Information collection requirements. The collections of
information contained in Sec. 20.20 have been approved by the Office of
Management and Budget under 44 U.S.C. 3501 et seq. and assigned
clearance number 1018-0015. The information will be used to provide a
sampling frame for the national Migratory Bird Harvest Survey. Response
is required from licensed hunters to obtain the benefit of hunting
migratory game birds. Public reporting burden for this information is
estimated to average 0.015 hours per response, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing the burden, to the Service Information
Collection Clearance Officer, MS-224 ARLSQ, Fish and Wildlife Service,
Washington, DC 20240, or the Office of Management and Budget, Paperwork
Reduction Project 1018-0015, Washington, DC 20503.
(b) General provisions. Each person hunting migratory game birds in
California, Maryland, Missouri, South Dakota, and Texas shall have
identified himself or herself as a migratory bird hunter and given his
or her name, address, and date of birth to the respective State hunting
licensing authority and shall have on his or her person evidence,
provided by that State, of compliance with this requirement.
(c) Tribal exemptions. Nothing in paragraph (b) shall apply to
hunters on Federal Indian Reservations or to tribal members hunting on
ceded lands.
(d) State exemptions. Nothing in paragraph (b) shall apply to those
hunters who are exempt from State-licensing requirements in the State
in which they are hunting.
(e) Implementation schedule. The Service is implementing this
Program over a 5-year period from 1994-1998 which will incorporate
approximately a half million additional migratory bird hunters each
year. States must participate on or before the following schedule:
1994 - California, Maryland, Missouri, South Dakota, and Texas.
1995 - Georgia, Louisiana, Minnesota, and Pennsylvania
1996 - Alabama, Illinois, Michigan, Mississippi, North Carolina,
Oklahoma, and Tennessee.
1997 - Arizona, Arkansas, Colorado, Florida, Kentucky, South
Carolina, Virginia, and Wisconsin.
1998 - Alaska, Connecticut, Delaware, Idaho, Indiana, Iowa,
Kansas, Maine, Massachusetts, Montana, Nebraska, Nevada, New
Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio,
Oregon, Rhode Island, Utah, Vermont, Washington, West Virginia, and
Wyoming.
Dated: February 11, 1994.
George T. Frampton,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-5787 Filed 3-11-94; 8:45 am]
BILLING CODE 4310-55-F
